The new model – New Law Journal

Posted April 22nd, 2013 in budgets, internet, legal aid, legal representation, litigants in person, news by sally

“Labour’s Lord Bach fought a good deal harder in the House of Lords to defend legal aid from the coalition’s cuts than many of his colleagues. But, the key provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are now in force. Civil legal aid will never again have the comprehensive coverage that once it did: in particular, partners whose relationships break down are going to have a particularly hard time. No government, realistically, is going to restart funding at past levels. What can be done to assist the women who are most likely to be the major victims of these cuts?”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Court awards anonymity for victim of libellous “paedophile” allegations – UK Human Rights Blog

Posted April 22nd, 2013 in blackmail, child abuse, compensation, damages, defamation, fraud, internet, news, victims by sally

“The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment: ‘what is to be found on the internet may become like a tattoo’.”

Full story

UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Law Commission proposes changes to ‘groundless threats’ IP laws – OUT-LAW.com

“A law reform body has proposed changes to the law that would make it easier for businesses seeking to protect their trade marks and design rights to make threats of legal action against alleged infringers of their rights without fear that those threats could be the subject of court action.”

Full story

OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Jihadist suspect cannot be extradited to United States because of his mental illness – UK Human Rights Blog

Posted April 22nd, 2013 in appeals, conspiracy, extradition, human rights, mental health, news, terrorism by sally

“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”

Full story

UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Home Office faces legal action unless it reveals details of ‘Snooper’s charter’ – Daily Telegraph

“The Home Office is facing legal action unless it reveals key details of its so-called Snooper’s Charter.”

Full story

Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Last British resident in Guantánamo ‘may never be allowed home’ – The Guardian

Posted April 22nd, 2013 in demonstrations, detention, intelligence services, news, police, torture by sally

“The last British resident being held in Guantánamo Bay may never be allowed to return to his family in London because of an alleged ‘secret deal’ between US authorities, Saudi Arabia and the British security services.”

Full story

The Guardian, 20th April 2013

Source: www.guardian.co.uk

Local authority ordered to pay substantial costs in family human rights case – UK Human Rights Blog

“This was a costs application arising from an extremely important decision by Peter Jackson J in June 2012 (see Alasdair Henderson’s post here and read judgment).”

Full story

UK Human Rights Blog, 19th April 2013

Source: www.ukhumanrightsblog.com

Christians launch landmark human rights case – Daily Telegraph

“Christians are to launch a landmark legal case arguing their religion is being treated as a ‘thought crime’ by government and courts.”

Full story

Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Justice by postcode: variety in magistrates’ sentences revealed – The Independent

Posted April 22nd, 2013 in magistrates, news, recidivists, sentencing, statistics by sally

“The number of criminals sent to prison by magistrates in England and Wales varies dramatically depending on which court does the sentencing, research reveals today.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Lesley Kemp faces libel suit over Twitter comments – BBC News

Posted April 22nd, 2013 in defamation, fees, internet, legal representation, news by sally

“A woman who complained about an unpaid £146 invoice is facing a libel battle that could cost her more than £100,000.”

Full story

BBC News, 19th April 2013

Source: www.bbc.co.uk

UK ban on political advertising may be lifted – The Independent

“Britain may be forced to lift its ban on political advertising when the European Court of Human Rights (ECHR) rules on its lawfulness tomorrow.”

Full story

The Independent, 21st April 2013

Source: www.independent.co.uk

Minorities stopped disproportionally in decade after Macpherson report – The Guardian

Posted April 22nd, 2013 in equality, murder, news, police, racism, statistics, stop and search by sally

“Ethnic minority Britons were subjected to nearly one-and-a-half million more stop and searches in the 10 years after the Macpherson inquiry than if the police had treated them the same as white people, the Guardian can reveal.”

Full story

The Guardian, 22nd April 2013

Source: www.guardian.co.uk

A history of violence: is Clare’s Law working? – The Guardian

Posted April 22nd, 2013 in criminal records, disclosure, domestic violence, murder, news, privacy by sally

“When Clare Wood was murdered by her ex-boyfriend, a scheme was set up to allow women to see details of their partner’s violent past. Six months on, Steve Boggan finds out if ‘Clare’s Law’ is working.”

Full story

The Guardian, 21st April 2013

Source: www.guardian.co.uk

Osborne in legal challenge to European Commission over financial transaction tax – The Independent

Posted April 22nd, 2013 in EC law, jurisdiction, news, taxation by sally

“Chancellor George Osborne said an application had been lodged at the European Court of Justice to challenge the decision allowing 11 members of the European Union to press ahead with the plans.”

Full story

The Independent, 20th April 2013

Source: www.independent.co.uk

Stephen Lawrence: how his murder changed the legal landscape – The Guardian

Posted April 22nd, 2013 in diversity, equality, murder, news, police, racism, statistics, stop and search by sally

“The Macpherson report made 70 recommendations – 67 led to specific changes in practice or law within two years of publication.”

Full story

The Guardian, 22nd April 2013

Source: www.guardian.co.uk

Santander mortgage customers to share million-pound compensation pot – The Guardian

Posted April 19th, 2013 in banking, compensation, documents, mortgages, news by sally

“Up to 30,000 Santander mortgage customers are set to share millions of pounds in compensation after it emerged they may have lost out because of confusing letters sent by the bank more than four years ago.”

Full story

The Guardian, 19th April 2013

Source: www.guardian.co.uk

Phone hacking: NoW publisher pays damages to Neil Hamilton – The Guardian

Posted April 19th, 2013 in damages, interception, media, news, telecommunications by sally

“Reality TV star Jady Goody’s estate, former Conservative MP Neil Hamilton and his wife Christine and a former aide to Tony Blair are among eight of the latest claimants to settle their cases against News of the World for phone hacking.”

Full story

The Guardian, 19th April 2013

Source: www.guardian.co.uk

Girlfriend of rapist jailed after using Facebook to frame victims – Daily Telegraph

Posted April 19th, 2013 in internet, news, perverting the course of justice, sentencing, victims by sally

“The girlfriend of a convicted rapist has been jailed after trying to clear his
name by framing two of his victims with fake Facebook profiles.”

Full story

Daily Telegraph, 19th April 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted April 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Burridge v Breckland District Council & Anor [2013] EWCA Civ 228 (19 April 2013)

Merck Canada Inc & Ors v Sigma Pharmaceuticals Plc [2013] EWCA Civ 326 (18 April 2013)

Wilkin -Shaw v Fuller & Anor [2013] EWCA Civ 410 (18 April 2013)

High Court (Administrative Court)

Dowland v The Architects Registration Board [2013] EWHC 893 (Admin) (19 April 2013)

Zhang, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 891 (Admin) (18 April 2013)

Barons Pub Company Ltd, R (on the application of) v Staines Magistrates’ Court [2013] EWHC 898 (Admin) (18 April 2013)

Patel v Government of India & Anor [2013] EWHC 819 (Admin) (18 April 2013)

Ehmed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 876 (Admin) (18 April 2013)

Creed -Miles, R (on the application of) v Tower Bridge Yacht and Boat Co Ltd [2013] EWHC 853 (Admin) (17 April 2013)

High Court (Chancery Division)

Loose v Lynn Shellfish Ltd & Ors [2013] EWHC 901 (Ch) (18 April 2013)

High Court (Commercial Court)

Kuwait Rocks Co v AMN Bulkcarriers Inc [2013] EWHC 865 (Comm) (18 April 2013)

Standard Chartered Bank v Dorchester Lng (2) Ltd Re: MT ERIN SCHULTE [2013] EWHC 808 (Comm) (18 April 2013)

High Court (Queen’s Bench Division)

Accentuate Ltd v Asigra Inc [2013] EWHC 889 (QB) (18 April 2013)

High Court (Technology and Construction Court)

Morris Homes (West Midlands) Ltd v Keay & Anor [2013] EWHC 932 (TCC) (18 April 2013)

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber) – WLR Daily

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber): [2013] UKSC 19;   [2013] WLR (D)  142

“Where a tribunal found that a person who had committed suicide had been reckless as to whether his action would also cause injury to some other person, and it had in fact done so an offence of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 had been committed which was a ‘crime of violence’ entitling that other person to claim under the Criminal Injuries Compensation Scheme. However, the question as to what the offender had actually foreseen was for the First-tier Tribunal to answer, not an appellate court, which should not readily intervene in issues best left for determination by specialist appellate tribunals by classifying them as issues of law.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk